The Local Government and Social Care Ombudsman found that Telford & Wrekin Council was not at fault for some aspects of arranging the care of anonymised child Y.
The Ombudsman in a recent ruling considered it a “complex matter” after being told that the child had been involved in two incidents.
These included one where a school decided that Y could not return to the site.
Following the first incident School B funded a social care provider who was already supporting Y, to help Y access some provision suitable to their needs.
The council then arranged for Y to attend School C but Mrs X had concerns. It named School C in a care plan.
“Mrs X continued to challenge the council about the suitability of school C throughout August 2023,” said the Ombudsman.
The council issued Y’s final EHC Plan at the start of September 2023, naming school C. Mrs X appealed to a Tribunal.
School C then revoked its offer of a placement after a meeting when it heard that Y was receiving support.
The Ombudsman records that the council agreed to revoke the EHC Plan, and work with school B to create a bespoke support package.
But School B told the council it would not pursue a bespoke support package for Y in November 2023.
The council then allocated a tuition provider who started working with Y in December 2023. But the tuition provider stopped supporting Y at the end of January 2024 following “an incident”, says the Ombudsman.
The council then confirmed it would consider an Education Other Than At School (EOTAS) package.
Mrs X complained to the council in February 2024 about poor communication, lack of understanding and support for Y and delays in the EHC Plan review.
The Ombudsman recorded that the council issued the final EHC Plan the day after the complaint.
The council claimed that it understood Y’s needs and continued to support them and “noted the delay was because Mrs X did not agree with the plan.”
A spokesperson for the Ombudsman said: “Mrs X complained the Council did not provide education and Education, Health and Care (EHC) Plan provision for her child, Y, since May 2023.”
The Ombudsman found that the council should have issued the final EHC Plan in August 2023. The council issued a plan in September 2023 but revoked it.
A final EHC Plan was not issued until February 2024, a six-month delay.
A spokesperson for the Ombudsman said the council has accepted it did not adhere to the statutory timescales.
“This delay is fault,” the Ombudsman ruled.
An investigator on behalf of the Ombudsman concluded that there “was fault in the way the council delayed issuing a final EHC plan.” The official noted that the council agreed to make a financial payment.
The Ombudsman said: “The council accepted it did not send Mrs X a list of consulted schools and apologised for this lack of communication.
“The council accepted the delays issuing the final plan was because Mrs X did not agree but accepted it did not issue the plan in the statutory timescales.”
The Ombudsman added that “To remedy the outstanding injustice caused to Mrs X by the fault I have identified, the Council has agreed to pay Mrs X £300 to recognise the distress, frustration and uncertainty caused by the delay in issuing Y’s EHC Plan.
A Telford & Wrekin Council spokesperson, said: “Following the recent Ombudsman decision into a complaint about the Education, Health and Care (EHC) Plan process, we have agreed to follow the actions set out in the report.”
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